Constitution The constitution of the united states established the national and common laws, and also guaranteed basic rights for citizens. Constitution vagueness is when the American citizens do not understand the laws regulated, prohibited conducts and how punishment is imposed. Vagueness can be seen when the laws or rights have a broad language and is not clearly defined anywhere. Constitutional vagueness can be helpful or a disadvantaged to the people especially in decision making. Vagueness extends into two clauses in the fifth and fourteenth amendments of the constitution(Williams, 2017). Vague constitutions have the following advantages; it encourages cooperation amongst political leaders. Political leaders work together to determine specific clauses through negotiation to ensure a democratic process. Vague constitution easily adapts to changes, the world is changing rapidly a specific constitution can create problems to social and political circumstances (Maxwell, 2013). Vagueness helps to prevent arbitrary enforcements of the laws; this is the decisions and rules are based on justice the disadvantage of constitutional vagueness it is used to nullify certain criminal laws and judicial decisions in the courts. These happens…
The Exclusionary Rule and Good Faith Exception The exclusionary rule is rule derived from constitutional law, which prevents the government from using evidence that has been collected and analyzed in violation of the United States Constitution from being used in a court of law. This rule is aimed at ensuring that no person is deprived of property, life, or liberty without due process of law. The rule restricts compelling an individual to be a witness against himself in any criminal case. The decision established in Mapp V. Ohio that the exclusionary rule is applicable to any evidence gathered from unreasonable seizure or search in violation of the Fourth Amendment. The exclusionary rule is also applicable if evidence is gathered by ways in which the government violates the defendant’s Sixth Amendment right to counsel, and if it violates the Fifth Amendment by gathering indecently elicited self-incriminatory statements. This is a way of providing a disincentive and remedy for criminal prosecution from police and prosecutors who illegally collect evidence. The rule provides defendants with a defense that does not address if a…
Analysis of Manifesto 1956 Why did Southern lawmakers believe this Manifesto was necessary? According to the southern lawmakers, the Supreme court had abused its power and was meddling into issues of lawmaking. They felt that through its ruling, the court had negated previously established principles and was acting out of order. Therefore, states needed to come together to shield themselves from the advance of legislations that were ‘based on political standpoint.’ Manifesto (1956) explains that the Judiciary through the Brown ruling of 1954 had infringed on the fundamental rights of citizens and acted in disregard of the congress. They also felt that previous legislation that provided for separate but equal schools showed no inclination towards racial segregation thus did not affect anyone’s right to equality. The Manifesto was necessary to set the record clear and demonstrate the public point of view. Discuss the Southern Manifesto’s principle objective(s). The cardinal intention of the southern Manifesto was to achieve a reversal of the legislation that directed mandatory integration in public schools in all the states of America (Manifesto, 1956). They wanted…
Relevance of the United States Constitution: Is the Constitution of the United States still relevant In the Essay the United States Constitution was created for the following purposes; Framework for National Government consisting three arms namely Executive, Judiciary and Legislature Each with separate powers derived from the people, Constitution was to Separate Powers of the State and the Federal States, Protect the Liberty of Individuals from internal and external intrusion, and permanent protection of territorial boundaries from foreign aggression and harm to the people, animals, and artifacts in the country. Key Strengths The writer laid bare the statement of the problem, the origin of the Constitution, Its primary Objectives, and Role. However, the Constitution is holistic documents that not every subsection should review on its own, and the world is very dynamic. Every department is it in the Military and has a set of rules or acts that govern and can be amended without touching on the Constitution per se. For one to analyses the Constitution on, it’s required that we take into consideration the amendment acts of every arm…
Do We Need More Gun Control The problem of gun violence in America is viewed and supported from two sides. There are some people who feel that guns themselves are the problem and should be banned all together or should have more limited access to them, and others who feel like the laws are fine and that it is their right to own as many as they would like because the constitution states that it is their right to do so. This debate has been going on for some time because it is hard for everyone to agree on exactly what guns should be allowed to be owned. In this paper I plan to write about the possible causes of mass shootings and shed light on both sides of the argument in search of a solution that could satisfy the majority, if not all of Americans. Smith, Aaron. “This Is How Easy It Is to Buy Guns in America.” CNNMoney, Cable News Network, 19 June 2015, money.cnn.com/2015/06/19/news/guns-background-checks/index.html. This article discusses how easy it is to buy a gun in America…
DEVELOPMENT OF TEXAS CONSTITUTION A constitution is a foundational governing document of a state. After democrats reclaimed control of the administration in 1873 from the sweeping democrat Governor Davis J. Edmund, their chief priority was to draft an original structure for Texas. In the year 1875, when representatives met in Austin at the statutory convention, an assembly of white, southern agrarian elites, identified as the Grange, pursued to limit the size and room of national government. In 1876, Texas electorates approved the new structure by a margin of two to one, which remains the existing charter for the state. WHY IT SHOULD BE CHANGED It is lengthy, thus, makes it hard to read it and comprehend the constitution. Specific unclear provisions and delivery of power between state officers cause a condition like policy paralysis, and confusion arises among representatives. Part-time assembly of the national regulation for 140 day intervallic sessions that causes confusion and makes it difficult to govern the big state of Texas. WHY IT SHOULD NOT BE CHANGED The administrative conferences were concentrated to 140 days…
The Texas Constitution and Government Introduction The Texas government is a complicated and difficult institution that is comprised of many levels. The question that pops up in the minds of many people is on whether the Texas government can be trusted or not. People still believe that people can take advantage of the power that they are accorded. To avoid the centralization of power, the government of Texas is divided into various stages to provide a reasonable ground for creating from the citizens. The constitution of Texas was ratified to meet the attitudes and the needs of a 1800s Texas. The objective of the paper is to determine whether the constitution of Texas developed a part-time government that is not able to meet the demands and the needs of a 2000s Texas by examining the ratifications and the writing of the present constitution together with the executive and legislative branches of Texas. Is the Constitution of Texas an Antiquated Government? The constitution of Texas is not an old-fashioned government. The working Texas Constitution took effect in 1876. The ease of…
Monroe v Pape The case involved the Monroe family against a group of law enforcement officers. Thirteen officers, Frank Pape, included visited Monroe’s’ home in Chicago and in the morning (5:45 am) and ordered the couple to stand naked in their living room. The police officers then proceeded to ransack the house. Later, Mr. Monroe was taken to police quarters and detained for ten hours on the grounds of open charges. All the while, Mr. Monroe was being questioned about a murder. The police visited the apartment without any warrant to carry out the search and subsequent arrest. They also refused Monroe not to call his attorney (Nahmod,1034). Mr. Monroe raised complain against the thirteen law enforcement officers individually. He also accused the city of Chicago. The city proceeded to dismiss the complaint citing that as this was inconsistent with the Civil rights Act. Further, they also asserted that the complaint was too inconsistent with the acts performed by government agencies. The thirteen defendants also dismissed the claims raised by the plaintiff on grounds there was no cause of action…
The Constitution The government has three arms, and the most powerful is the Congress. The congress is tasked with making laws that guide the countries internal and foreign policies. The Congress makes laws that offer checks and balances for other arms of government. Further, it guides how to pursue foreign spending and declares on war issues. The antifederalist was keen to highlight the need for a bill of rights to afford the liberty for all citizens. The constitution is a living document since it guides the three arms of the government and in the event, achieve a level playing ground that ensures the country moves towards the same direction. The Congress is the strongest arm of the government since it defines the laws that govern the country. The judiciary relies on the laws that the Congress has put forth to come up with decisions. The executive has to seek Congress input for any internal or external policy they wish to take action. Therefore, the Congress sets the theme and determines what is good for the country at any one given…
Constitutional Revision Commission Why do some members of the Florida legislature want to eliminate the Constitutional Revision Commission? How can Florida’s constitution be amended now, and what do you think will change if the legislature succeeds in eliminating the CRC? Do you think Florida should eliminate the CRC or keep it in place, and why? The existing constitutional revision commission did not serve a valid purpose and accepted too much political influence in its 2018 incarnation. The political influence is interference to the administration of justice to the general public. Since the commission is very critical, having being influenced by politics is a problem to the ultimate undertaking of proper purpose. Politics should not have been the main agender of the commission; instead, the issues of the people could have been a priority. Some members felt the need for scraping off the commission to prioritize justice. The best way to amend Florida’s constitution is to set up voters to be part of the constitution. The commission members should be subject to voting by the members whenever they do not liaise…